JOHANNESBURG (miningweekly.com) – Besides having significant monetary and safety challenges, the mining industry is also faced with the challenge of regulated health compensation issues.

Compensation anomalies relating to health issues, such as silicosis and noise-induced hearing loss, are still a cause for concern for the mining industry.

Statutory compensation is provided to employees under two pieces of legislation – the Compensation for Occupational Injuries and Diseases Act (Coida) and the Occupational Diseases in Mines and Works Act (Odimwa).

Odimwa is applicable to the mining industry alone and there are different benefits provided under the funds established in terms of these Acts.

Brink Cohen Le Roux director Willem le Roux explains that Odimwa applies only to lung diseases of mining employees, and Coida to all injuries, both inside and outside the mining industry, and to all diseases that are not covered by Odimwa.

Statutory compensation, says Le Roux, is similar to statutory insurance, which means that employers must pay the levies and then, in return, employers are indemnified against claims for damages by employees and their dependants.

South African National Union of Mine-workers (NUM) compensation officer Adam Letshele says that South Africa has a very fragmented system, with some aspects being good in one statute, but not that good in another.

Letshele points out that Odimwa does not have a life-time pension element, and provides only a one-off payment, whereas Coida has a life-time pension.

He argues, however, that neither is assisting social development.

“In some cases, compensation through Coida can be enormous in the long run, but the beneficiary might still struggle with month-to-month expenses, whereas, with Odima, the one-off remuneration can be depleted while the mining-induced health problem persists,” he says.

Le Roux adds that Coida lays down that the dependants of a mineworker who dies as a result of mining-related injuries are entitled to a pension of 75% of the employee’s salary, calculated on a certain basis.

This pension is paid until a beneficiary, such as a widow, dies, or, in the case of a child, when a child becomes self-supporting.

But, with Odimwa, a lump sum is paid to a person who becomes disabled, with the compensation calculated according to a statutory formula.

While Coida covers reasonable medical expenses for two years, Odimwa extends the liability for the life of the employee.

The NUM has developed a manual that aims to educate miners on the different illnesses and associated risks in the mining industry, as well as on the steps that need to be taken to manage the risks and to gain compensation.

“We envisage holding a compensation indaba sometime next year,” Letshele adds.

But, this year, its budget only allows for awareness campaigns, with one planned in Carletonville, in September, in partnership with the National Institute for Occupational Health, the Medial Bureau for Occupational Diseases and the Department of Labour (DoL), entitled Compensation Awareness Campaign.

“Carletonville is ideally suited as it is close to a number of significant mines in South Africa and the second-largest number of occupational diseases occur in this area,” Letshele explains.

“We would like to see the Odimwa and Coida commissioners, as well as mining industry representatives, government and overseas mining giants attend this conference.

“We believe that South Africa is disadvantaged [in] that we have two Acts to treat one problem,” says Letshele.

He hopes to draw on the expertise of overseas mining companies and to examine the legislation that governs  mining health compensation in other countries, while keeping in mind local conditions.

While adopting another country’s legislative format may not harm the situation, it has to be borne in mind that South Africa is still a developing country.

He sees it as essential that local conditions determine local legislation, but he is also anxious to avoid the danger of “reinventing the wheel”.

“We need to find harmony between the two Acts and come up with one formidable piece of legislation,” says Letshele.

Le Roux notes that there is also a severe deficit in the Mines and Works Fund, which the Compensation Commissioner of Occu-pational Diseases administers.

A case relating to the respective liabilities of government and employers, aimed at funding this deficit, is pending. “It’s extremely costly to compensate for diseases and it’s in the interest of both employers and employees to prioritise prevention of disease,” he emphasises.

Department of Mineral Resources (DMR) deputy chief inspector of mines Xolile Mbonambi tells Mining Weekly that the current compensation legislation needs an urgent overhaul.

Issues needing attention include access to services and information, the turnaround time on payments and compensation amounts.

“There are also collaborative efforts between the DMR and the departments of Labour and Health to review the compensation legislation and develop an integrated compensation system,” Mbonambi adds.

Dr Thuthula Balfour-Kaipa, of the Chamber of Mines, says that, in 1999, Cabinet tasked the DoL to integrate the occupational health and compensation systems in the country.

“Some work was done but not finalised, and the DoL recently indicated that this matter is no longer on the table. An inter- departmental task team is now looking at this in the context of social security, but no proposals have been made public yet,” she explains.

To deal with the continuing problem of lack of access for ex-mineworkers to benefit examinations, which are supposed to be carried out by the Department of Health (DoH), the Chamber of Mines also funds the ex-mineworker project.

This tripartite project, which will span five years, involves the Chamber, the DoH and the NUM, and supports the establishment of benefit examinations and socioeconomic projects in the labour-sending provinces. Balfour-Kaipa adds that the project will cost about
R42-million.

This will grant ex-miners access to X-rays and other tests to determine eligibility for compensation. “The pilot has just been completed in Nongoma, KwaZulu-Natal, and the province has taken over the functioning of the facility. Another site is currently almost fully set up in Mthatha, Eastern Cape, with more sites planned into the future,” Balfour-Kaipa says.

HEALTH STATISTICS

Mbonambi says that, although the figures relating to these health issues are still very high, the DMR’s most recent statistics show that the number of silicosis cases has decreased from 1 778 cases, in 2008, to 1 694, in 2009, and noise-induced hearing loss from 1994 cases, in 2008, to 1 280, in 2009.

He mentions that, in terms of Section 16 of the Mine Health and Safety Act, every occupational medical practitioner at a mine must compile a yearly medical report on employees’ health, based on their records of medical surveillance, and give an analysis of the status of employees’ health, without disclosing the names of the employees.

AWARENESS CAMPAIGNS

The Mine Health and Safety Inspectorate says that its strategic aims are to govern the minerals and energy sectors to be healthier, cleaner and safer, and to sustain and improve health and safety standards in the mining industry. It also states that large mines have been implementing awareness and wellness programmes to improve the current status of health.

Further, the industry is working towards the elimination of silicosis, with the Mine Health and Safety Council stating that, with present diagnostic techniques, there will be no new cases of silicosis among previously unexposed individuals by December 2013.

Government also encourages further awareness, and urges all South African mines to develop and implement awareness programmes and, although achieving the milestones is still a problem, various initiatives and strategies have been implemented at a number of mines, aimed at ensuring compliance to limit noise and silica hazards.

In line with the milestones for noise-induced hearing loss, there should be no hearing deterioration greater than 10% among occu- pationally exposed individuals and, by December 2013, the total noise emitted by all equipment installed in any workplace should not exceed a sound pressure level of 110 dB.

“The 2013 industry milestones are a guiding principle. The idea is to beef up capacity within the inspectorate to focus on improving health-related challenges in the mining industry,” Mbonambi adds.

The South African mining industry is also looking at the occupational health statistics of other major mining countries, such as Canada and Australia, and the industry, as a whole, believes that it is imperative that local statistics compare with those of these countries.

“Late last year, as part of efforts to overcome the silicosis challenges, a number of roadshows were undertaken as a means of promoting an understanding and awareness of the dangers and prevention of silicosis among mining employees. We earmarked the provinces with the largest labour forces, and which have the highest prevalence of silicosis – Gauteng, the North West, Mpumalanga and the Free State,” Mbonambi says.

Meanwhile, Balfour-Kaipa says that the Chamber has been active in the prevention of silicosis for many years. Initiatives have included regional and national workshops from 2002 to 2004 to determine the type of research required for silicosis prevention.

Further, the Chamber established a Dust Working Group, in 2009, under the auspices of the Group Environmental Engineer Com-mittee of the Chamber of Mines. “The working group is represented by all the significant mining houses covering most commodities. Some of the challenges that faced the group included the measurement strategy and analysis of dust samples. A position paper was produced on analysis techniques to clarify all controversial issues regarding [the best] technique,” Balfour-Kaipa adds.

The Chamber has also established a learning hub and the adoption of leading practices is one of the main aims. “Dedicated teams have been selected and one of the teams’ responsibilities is to investigate leading practices on dust control and foster eager adoption throughout the mining industry. A fogging spray system [was] identified as a leading practice and, after successful demon- stration at a mine, the adoption [of the system] at other mines is progressing well. The team is currently investigating footwall and sidewall treatment to suppress dust underground,” she says.

Balfour-Kaipa explains that, of all the possible health and safety topics, hearing conservation is potentially the most challenging. “One of the reasons for this is that there is no pain associated with hearing loss. In fact, some people actually enjoy loud noise that damages hearing, such as music, motor sport, or even vuvuzelas. It is by no means an easy task to convince people to wear what is often perceived as, uncomfortable personal protective equipment, particularly when they cannot immediately feel or see the benefits. Behaviour communication methods, which the Learning Hub promotes, are thus key in addressing situations like this.” she says.

A team dedicated to noise has been established within the Chamber’s learning hub. During the risk assessment process, underground drilling was found to be the biggest source of noise and, following the protocols of the adoption system, the noise team identified an electric rock drill as a leading practice that could make the biggest noise-reduction impact on the highest number of employees.

Several other initiatives are being driven by the team including a “Colliery quieter section” and hearing protection device selection tool. The selection tool is based on research done by the Safety in Mines Research Advisory Committee and includes training and awareness material. The Colliery quieter section’s objective is to lower the noise levels in a complete section of a coal mine.

“The fight against silicosis and noise-induced hearing loss is an ongoing process and is taken seriously by the Chamber of Mines. We value the lives of our people and are working together in our quest for zero harm,” she concludes.